A Ward has the opportunity to seek to restore himself or herself at any time. This request can be made to the Judge directly or to the Guardian ad Litem (if one was appointed). Though it's not required, it would aide the Judge in making a determination that your circumstances have changed so...Read more »
In Colorado, a self-proving will must conform to Colorado Rev. Statute § 15-11-504 and does require two witnesses. Any will, notarized or not, that did not have witnesses is not self-proving. While it is possible to form the self-proving feature after a will is otherwise formed, it is most common...Read more »
Of dispensing the funds. The funds are in unclaimed funds and the monies are dwindling away. After numerous conversations and promises, he refuses to disperse the funds. I have filed a claim myself and provided them with the necessary proof, but they have advised me that as long as the executor is... Read more »
In NY, If all you need is a death certificate, you should be able to get one from the Dept of Health. If you wish to be appointed as the new Administrator of the estate, you will have to petition the court, describing the situation.
Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.
You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that...Read more »
If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons...Read more »
She is the executioner of the will but she has been stealing valuables from the house so I added security cameras and she is making false claims she didn’t go through my personal possessions can I have her removed as the executive of the will? She inherited the house in a 50/50 split? Until it... Read more »
The personal representative of a estate is give certain authorities in the will. It is common for the PR to have authority to enter into contract and collect rents on property in the estate for the benefit of the estate. If you are not on the deed and are not the PR your rights have not fully...Read more »
More than likely the Wife's Will Beneficiaries or her Next Of Kin. But there may be alternative beneficiary designations. In any event the Policy Beneficiaries may need a lawyer to make a claim on that Policy.
His wife AND his lawyer said they both have a copy of a 2018 rough drafted will (not signed nor registered). Later the wife finds another 2009 will she is stating it is signed (but not witnessed or registered). None of his children have been notified by a lawyer yet. Does she, as his wife have the... Read more »
You can challenge the validity of the will when it is filed in the probate court. You should receive notice of documents filed with the probate court to open the estate, and then there can be a court hearing for you to object. The court is unlikely to accept a will that has not been properly...Read more »
All parties are residents of Pennsylvania. Joint OR on all deceaseds accounts. Only one other party in will, can I just calculate the inheritance tax on the joint accounts with a cpa and pay the sum to the only other member mentioned in the will. Or am I required to have an attorney carry this out... Read more »
I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing? What can I do?
You are wise to be concerned about this. Single couples need to do estate planning more than just about any other demographic! The reason is, if a single person passes without a will or trust, his or her estate goes to the next of kin NOT TO THE UNMARRIED PARTNER. Also, if ANY person becomes...Read more »
I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »
I'm sorry to hear about your mom's passing. I recommend that you have an attorney review the estate planning documents to help you understand the content. Due to COVID, it may be best to scan the documents so that they can be emailed to an attorney for review. It is also a good idea to...Read more »
Can I rent a room out without my sisters approval who owns the other 50% it hasn’t been transferred into both our names yet as my mom just recently passed away. Can she say no even when I will split the income with her?
I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.
Originally it was owed by his Father. When he died it went to his Mother and when she died it went to his Stepfather. My husband didn’t get along with his Stepfather so I was surprised when his Stepfather gave him stock. Now that my husband and I are divorcing, is the 100K considered... Read more »
No one can give you an exact answer, but it is possible that the money was converted to marital property when it was placed into the joint account. Speak with an attorney about your case so they can review your documents and give you specific advice.
Assets include property, bank accounts, stocks, mutual funds and vehicles. There is no debt whatsoever. After fathers death, my mother had all assets, except vehicles, changed to her name with a TOD to my 2 siblings and me. Property deeds were also changed to include a TOD. Question 1- when she... Read more »
I got married and legally changed my entire name. I am the agent on my parents Statutory Durable and Medical POA', and I am listed as a beneficiary in their wills as well. My financial institution is allowing me to attach a copy of the certified order of my name change to their POA's for... Read more »
Statutory Durable Powers of Attorney are tricky in that different financial institutions have different requirements. While the certified order may suffice for purposes of one financial institution, it may very well not for another. The safest bet would be to create new powers of attorney which can...Read more »
A person nominates an executor for his or her eventual estate in his or her will. An agent acting under a power of attorney does NOT have the authority to make or amend a will for the principal so, no, you cannot "name" an executor for another person.
No other assets, but a bunch of personal loan debt. The car was owned free and clear and all the creditors have been notified of his death. I plan on doing an affidavit or inheritance soon, but I dont wNt to get sued by the creditors for the vehicle. Can they come after it to force me to liquidate... Read more »
Hi, Spokane heir. If your father did not have a Will, you may inherit the car, but under Washington law, all of the debts of your father's estate and all of the assets (owned and controlled by him) are available to pay creditors. All of the creditors must have a chance to get paid from the...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.